In re: Juniper Networks, Inc., Appeal No. 2021-160 (Fed. Cir. Sept. 24, 2021)-
In this week’s Case of the Week, the Federal Circuit issued its fifth writ of mandamus this year ordering transfer of a patent case out of the...more
Omega Patents, LLC, v. CalAmp Corp., Appeal Nos. 2020-1793, -1794, (Fed. Cir. Sept. 14, 2021) -
In its only precedential patent case this week, the Federal Circuit sent a case back for a third trial on the issue of...more
Belcher Pharmaceuticals, LLC v. Hospira, Inc., Appeal No. 2020-1799 (Fed. Cir. Sept. 1, 2021) -
In an appeal from the United States District Court for the District of Delaware, the Federal Circuit affirmed the district...more
9/8/2021
/ Appeals ,
Failure To Disclose ,
Food and Drug Administration (FDA) ,
Inequitable Conduct ,
Inventions ,
Patent Applications ,
Patent Infringement ,
Patent Litigation ,
Patent Notice ,
Patents ,
Pharmaceutical Patents ,
Remand ,
Trademarks ,
USPTO
MLC Intellectual Property, LLC v. Micron Technology, Inc., Appeal No. 2020-1413 (Fed. Cir. Aug. 26, 2021) -
For those interested in an important Section 112 written description case, we recommend reading the Juno...more
8/31/2021
/ Appeals ,
Apportionment ,
Damages ,
Discovery ,
Expert Testimony ,
Failure To Disclose ,
Inter Partes Review (IPR) Proceeding ,
Inventions ,
Inventors ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Pharmaceutical Patents ,
Section 101
Our Case of the Week this week is a re-write of our Case of the Week on October 5, 2020. The case involves a drug that could be used for multiple therapeutic purposes. A patent covered use of the product for a specific...more
8/10/2021
/ Appeals ,
Damages ,
Food and Drug Administration (FDA) ,
Generic Drugs ,
Hatch-Waxman ,
Improper Venue ,
Inventions ,
Labeling ,
Liability ,
Motion to Dismiss ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Pharmaceutical Patents ,
Subject Matter Jurisdiction
BOT M8 LLC v. Sony Corporation, Appeal No. 2020-2218 (Fed. Cir. July 13, 2021) -
In this week’s Case of the Week, the Federal Circuit addressed the stringency of pleading requirements alleging patent infringement. At...more
Ronald Chandler v. Phoenix Services LLC, Appeal No. 2020-1848 (Fed. Cir. June 10, 2021) -
In this week’s Case of the Week, the Federal Circuit addressed the ongoing question of its subject matter jurisdiction over cases...more
Cap Export, LLC v. Zinus, Inc., Appeal No. 2020-2087 (Fed. Cir. May 5, 2021) -
The Federal Circuit issued a single precedential patent case this week. The district court set aside a judgement and injunction originally in...more
Bio-Rad Laboratories, Inc. v. International Trade Commission, Appeal No. 2020-1785 (Fed. Cir. Apr. 29, 2021) -
The Federal Circuit’s only precedential patent decision this week comes on appeal from the International Trade...more
Rain Computing, Inc. v. Samsung Electronics America, Inc., Appeal Nos. 2020-1646, -1656 (Fed. Cir. Mar. 2, 2021) -
Our Case of the Week focuses on the issue of indefiniteness, and particularly, terms that are construed as...more
3/9/2021
/ Attorney's Fees ,
Claim Construction ,
Damages ,
Indefiniteness ,
Multi-Jurisdictional Litigation ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patent Validity ,
Patents ,
Pro Se Litigants ,
Section 112 ,
Sua Sponte ,
Willful Infringement
John Bean Technologies Corporation v. Morris & Associates, Inc., Appeal Nos. 2020-1090, -1148 (Fed. Cir. Feb. 19, 2021) -
Our Case of the Week this week focuses on the doctrine of intervening rights, a doctrine that is...more
Amgen Inc. v. Sanofi, Appeal No. 2020-1074 (Fed. Cir. Feb. 11, 2021) -
In this week’s Case of the Week, the Federal Circuit affirmed a district court’s JMOL ruling that asserted claims of two related pharmaceutical patents...more
2/17/2021
/ Appeals ,
Indefiniteness ,
Inter Partes Review (IPR) Proceeding ,
JMOL ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patent-Eligible Subject Matter ,
Patents ,
Pharmaceutical Patents ,
Summary Judgment
ABS Global, Inc. v. Cytonome/ST, LLC, Appeal No. 2019-2051 (Fed. Cir. Jan. 6, 2021)
For the second time in two weeks, our Case of the Week concerns issues relating to Article III justiciability of an appeal from an IPR...more
1/12/2021
/ Already LLC ,
Appeals ,
Article III ,
Inter Partes Review (IPR) Proceeding ,
Mootness ,
Nike ,
Patent Infringement ,
Reversal ,
SCOTUS ,
Standing ,
Summary Judgment
In the only precedential patent opinion issued this week, the Federal Circuit determined multiple issues in cross-appeals from the district court’s disposition of post-trial motions following a jury trial. The dispute...more
SIPCO, LLC v. Emerson Electric Co., Appeal No. 2018-1635 (Fed. Cir. Nov. 17, 2020) -
Our Case of the Week is one of two cases we revisit following further precedential decisions issued by the Federal Circuit this week (see...more
11/24/2020
/ § 315(b) ,
Appeals ,
Damages ,
Non-Appealable Decisions ,
Patent Infringement ,
Patent Royalties ,
Patent Trial and Appeal Board ,
Patents ,
Prior Art ,
SCOTUS ,
Thryv Inc v Click-To-Call Technologies LP
C.R. Bard Inc. v. AngioDynamics, Inc., Appeal No. 2019-1756, -1934 (Fed. Cir. Nov. 10, 2020) -
Our Case of the Week is one of two cases decided this week in which the Federal Circuit finds that a district court jumped the...more
11/17/2020
/ Appeals ,
Appellate Courts ,
Claim Construction ,
Discovery ,
Dismissals ,
Equitable Estoppel ,
Genuine Issue of Material Fact ,
Inter Partes Review (IPR) Proceeding ,
Inventors ,
Obviousness ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Petition for Writ of Certiorari ,
Pharmaceutical Patents ,
Summary Judgment
Valeant Pharmaceuticals North America LLC v. Mylan Pharmaceuticals Inc., Appeal No. 2019-2402 (Fed. Cir. Nov. 5, 2020) -
In our Case of the Week, the Federal Circuit addressed a lingering question about venue following the...more
11/10/2020
/ Appeals ,
Claim Construction ,
Food and Drug Administration (FDA) ,
Generic Drugs ,
Hatch-Waxman ,
Investigational New Drug Application (IND) ,
Patent Infringement ,
Patent Trial and Appeal Board ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
SCOTUS ,
TC Heartland LLC v Kraft Foods ,
Venue
In re: Nitro Fluids L.L.C., Appeal No. 2020-142 (Fed. Cir. Oct. 28, 2020) -
In the Court’s only precedential patent opinion this week, the Federal Circuit granted a mandamus petition vacating the district court’s denial of...more
TecSec, Inc. v. Adobe, Inc., Appeal Nos. 2019-2192, -2258 (Fed. Cir. Oct. 23, 2020) -
In our Case of the Week, the Federal Circuit issued a wide-ranging opinion following three previous appeals in the same case and a jury...more
AntennaSys, Inc. v. AQYR Techs., Inc., Appeal No. 2019-2244 (Fed. Cir. Oct. 7, 2020) -
In the only precedential opinion issued by the Federal Circuit this week, the Court declined to reach the merits of a judgment of...more
GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc., Appeal No. 2018-1976, -2023 (Fed. Cir. Oct. 2, 2020) -
Our Case of the Week focuses on the question of induced infringement, and particularly induced infringement in...more
PATENT CASE OF THE WEEK -
Apple Inc. v. Voip-Pal.com, Inc., Appeal No. 2018-1456, -1457 (Fed. Cir. Sept. 25, 2020) -
In our Case of the Week, the Federal Circuit addressed two novel issues following inter partes review...more
9/29/2020
/ 35 U.S.C. § 315(c) ,
Appeals ,
Apple ,
Estoppel ,
Hewlett-Packard ,
Inter Partes Review (IPR) Proceeding ,
Noninfringement ,
Obviousness ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patents ,
Summary Judgment ,
Twitter
Facebook, Inc. v. Windy City Innovations, LLC, Appeal Nos. 2018-1400 et al. (Fed. Cir. Sept. 4, 2020)-
The only precedential decision this week was a modified panel decision of a prior precedential opinion following a...more
PATENT CASE OF THE WEEK -
Security People, Inc. v. Iancu, Appeal No. 2019-2118 (Fed. Cir. Aug. 20, 2020) -
This week’s Case of the Week deals with whether a party can challenge the outcome of an inter partes review...more
PATENT CASE OF THE WEEK -
Uniloc 2017 LLC v. Hulu, LLC, Appeal No. 2019-1686 (Fed. Cir. July 22, 2020) -
In this appeal, the Federal Circuit held for the first time that in inter partes review (“IPR”) proceedings, when...more